Justice Smokin Wanjala Findings on BBI.
Justice Smokin Wanjala is a member of the seven-judge bench that is currently issuing their findings at the Supreme Court on the BBI matter.
Here is the summary of Justice Smokin Wanjala.
- That the basic structure doctrine is not applicable in Kenya
- The President cannot initiate a popular initiative, in his judgement Justice Wanjala has stated that the President Kenyatta initiataed the BBI popular initiative process.
- The 70 constituencies that the BBI bill was proposing was unconstitutional.
- The president cannot be sued in his own personal capacity while still in office
- No meaningful public participation was conducted by the promoters of the process
- That the IEBC had the requisite quorum to oversee the process
- The issue of referendum questions Is not ripe for determination.